National Assembly Chairman Tran Thanh Man delivers the opening speech at the meeting. (Photo: Doan Tan/ VNA)
Continuing the 42nd Session, on the morning of February 5, the National Assembly Standing Committee gave opinions on the draft Law on Government Organization (amended) and 2 drafts: Resolution of the National Assembly on the organizational structure of the Government for the 15th National Assembly term, Resolution of the National Assembly on the structure of the number of Government members for the 15th National Assembly term.
The Government's organizational structure includes 14 ministries and 3 ministerial-level agencies.
According to the Government's Proposal, the objective of amending the Law on Government Organization is to supplement and perfect regulations on principles of organization and operation of the Government; tasks and powers of the Government, the Prime Minister and members of the Government, creating a legal basis for innovation and effective and efficient organization of the state administrative apparatus.
At the same time, promote decentralization and delegation of power, promote a constructive and developing Government, meet the requirements of building and perfecting the socialist rule-of-law state of Vietnam.
The Draft Law consists of 5 chapters and 35 articles.
Regarding the organizational structure plan, the Government proposed that the National Assembly consider deciding on the organizational structure of the Government for the 15th National Assembly term, including 14 ministries and 3 ministerial-level agencies.
Specifically, the Ministry of Finance will be established on the basis of merging the Ministry of Planning and Investment and the Ministry of Finance, basically inheriting the functions and tasks currently assigned to the Ministry of Planning and Investment and the Ministry of Finance and taking over the functions, tasks, organizational structure of the Vietnam Social Security, the rights, obligations and responsibilities of the owner's representative for 18 state-owned corporations and groups currently assigned to the State Capital Management Committee at Enterprises (except for MobiFone Telecommunications Corporation, which will be transferred to the Ministry of Public Security).
Establish the Ministry of Construction on the basis of merging the Ministry of Construction and the Ministry of Transport, basically inheriting the functions and tasks currently assigned to the Ministry of Construction and the Ministry of Transport; transferring the functions and tasks of state management of testing and granting of road motor vehicle driving licenses from the Ministry of Transport to the Ministry of Public Security.
Establish the Ministry of Agriculture and Environment on the basis of merging the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment, basically inheriting the functions and tasks currently assigned to the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment and taking over the task of state management on poverty reduction from the Ministry of Labor, War Invalids and Social Affairs.
Establish the Ministry of Science and Technology on the basis of merging the Ministry of Science and Technology and the Ministry of Information and Communications, basically inheriting the functions and tasks currently assigned to the Ministry of Science and Technology and the Ministry of Information and Communications; transferring the functions, tasks, and organizational structure of press and publishing management from the Ministry of Information and Communications to the Ministry of Culture, Sports and Tourism.
Establish the Ministry of Home Affairs on the basis of merging the Ministry of Home Affairs and the Ministry of Labor, War Invalids and Social Affairs, performing the functions and tasks of the current Ministry of Home Affairs and the state management functions of labor, wages, employment, meritorious people, occupational safety and hygiene, social insurance, and gender equality from the Ministry of Labor, War Invalids and Social Affairs.
Transfer the state management function of vocational education from the Ministry of Labor, War Invalids and Social Affairs to the Ministry of Education and Training; transfer the state management function of social protection, children, and prevention and control of social evils (except for the state management task of drug addiction treatment and post-drug addiction treatment management to the Ministry of Public Security) from the Ministry of Labor, War Invalids and Social Affairs to the Ministry of Health; transfer the state management task of poverty reduction from the Ministry of Labor, War Invalids and Social Affairs to the Ministry of Agriculture and Environment.
Opening scene of the 42nd session of the National Assembly Standing Committee. (Photo: Doan Tan/VNA)
Establish the Ministry of Ethnic Minorities and Religions on the basis of the current Ethnic Minorities Committee and receive the functions, tasks, and organization of the state management apparatus on religion from the Ministry of Home Affairs and supplement and perfect the functions and tasks of state management on ethnicity.
The Government also proposed to maintain the following ministries and ministerial-level agencies: Ministry of National Defense; Ministry of Public Security; Ministry of Justice; Ministry of Industry and Trade; Ministry of Culture, Sports and Tourism; Ministry of Foreign Affairs; Ministry of Education and Training; Ministry of Health; Government Office; Government Inspectorate; State Bank of Vietnam.
Perfecting regulations on "decentralization" and "authorization"
Presenting the review report, Chairman of the National Assembly's Law Committee Hoang Thanh Tung said that the Standing Committee of the Committee agreed with the comprehensive amendment of the Law on Government Organization. The Standing Committee of the Law Committee agreed with the content on decentralization (Article 8) in the draft Law to institutionalize the conclusion of the Politburo in Official Dispatch No. 13078-CV/VPTW dated January 14, 2025, creating an important legal basis to "strengthen the autonomy, proactiveness, creativity, and self-responsibility of agencies, units, and localities associated with enhancing the accountability of leaders and strictly controlling power."
In addition, it is recommended that the drafting agency continue to study and perfect the provisions on "decentralization" and "authorization" in the draft Law, clarify the decentralized subjects and the responsibility mechanism of the decentralized agencies to ensure consistency and unity with the provisions of the draft Law on Organization of Local Government (amended).
The auditing agency also proposed to supplement the decentralization principle in the direction that when implementing decentralization, it is necessary to ensure synchronization between the decentralization of tasks and powers and the decentralization of administrative procedure settlement, creating favorable conditions for decentralized agencies to be proactive in handling work, promoting administrative procedure reform associated with enhancing the responsibility of agencies and improving the quality and efficiency of service to people and businesses.
At the same time, it is necessary to clarify whether the agency receiving the decentralization can further decentralize to local authorities or lower-level state agencies?
The Standing Committee of the Law Committee also approved the organizational structure plan of the Government for the 15th National Assembly term as proposed by the Government; requested the Government to have a Plan to implement the arrangement of the Government's apparatus to promptly carry out specific tasks as soon as the National Assembly passes the Resolution.
Ensuring consistency and uniformity
Speaking at the meeting, National Assembly Chairman Tran Thanh Man agreed with the necessity of amending the Law on Government Organization; and suggested that from now until the 9th extraordinary session, agencies need to continue reviewing to ensure compliance with the provisions of the Constitution and current laws.
“There should be greater decentralization and delegation of power to the Government so that the Government can proactively resolve current and future difficulties and obstacles for the country to develop. The amendment must ensure consistency and consistency of the provisions related to decentralization and delegation of power of this law with the Law on Organization of Local Government (amended), the Law on Organization of the National Assembly (amended)…,” the National Assembly Chairman emphasized.
National Assembly Chairman Tran Thanh Man speaks. (Photo: Doan Tan/ VNA)
Regarding the principle of delimitation of authority (Article 7), the National Assembly Chairman said that this is very important content, agencies must closely follow the direction of competent authorities, the closing speech of General Secretary To Lam at the 13th Party Central Committee Conference (January 2025).
The basic principles of authority division clearly stipulate the relationship between the Government and the National Assembly, the National Assembly Standing Committee, the Central Committee of the Vietnam Fatherland Front and socio-political organizations; clearly define the authority and responsibility of the legislative and executive agencies; calculate and handle the overlapping contents of functions and tasks between agencies.
Regarding decentralization and delegation of power (Articles 8 and 9), the National Assembly Chairman stated that decentralization, delegation of power, and delegation of power as reflected in the draft Law on Organization of the Government (amended) and the draft Law on Organization of Local Government (amended) are closely related to each other, so when amending these two laws, it is necessary to ensure consistency, uniformity, and synchronization.
The National Assembly Chairman also noted the conditions for decentralization such as finance, human resources, administrative procedures, management experience... in decentralization, delegation of authority, and authorization; clarifying the conditions and response capabilities of the decentralized agencies, organizations, and individuals, ensuring feasibility and avoiding cases of shirking responsibility.
“With the same law, decree, and circular, why are there localities that are taking drastic measures? It's not difficult, but there are also localities that reflect that it's because of the law, decree, and circular,” the National Assembly Chairman said.
Regarding the draft Resolution of the National Assembly on the organizational structure of the Government for the 15th National Assembly term; the draft Resolution of the National Assembly on the structure and number of Government members for the 15th National Assembly term, the National Assembly Chairman noted that it is necessary to ensure that there is no overlap or omission of functions and tasks; that a task is assigned to only one agency to preside over and take primary responsibility; to strengthen the responsibilities of agencies; to ensure consistency, unity, and connectivity in state management.
Besides, promptly grasp the thoughts and aspirations and well implement the regimes and policies for cadres, civil servants and public employees; create the most favorable conditions for reorganizing the apparatus./.
(Vietnam+)
Source: https://www.vietnamplus.vn/chinh-phu-sau-tinh-gon-se-gom-14-bo-va-3-co-quan-ngang-bo-post1010661.vnp
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